WEBVTT

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♪♪

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A public defender is an attorney employed by the community

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and responsible for giving legal aid without cost to any person who seeks it

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and is financially unable to employ private counsel.

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It is his duty to defend those accused of crime until the issue is decided in the court of law.

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The first public defender's office in the United States was opened in January 1913.

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Over the years, other offices were opened, and today that handful has grown to a network,

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a network of lawyers cooperating to protect the rights of our clients.

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Now from the files of the public defender, we bring you the story we call Badge of Honor.

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Tonight I'm going to tell you of a case, the final chapter of which was written only this morning,

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when Traffic Sergeant Dan Conway was laid to rest, meeting his death far and beyond the line of duty.

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Fellow officers and friends were gathered at the grave to pay this brave young officer a final and deserving tribute.

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There was an honor guard from the Legion Police Post,

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Doris Conway bearing up bravely in the true tradition of a police officer's wife,

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Dan's good friend, Detective Lieutenant Walsh, and even Captain of Police Gunderson himself.

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Well, no longer did Gunderson need to have any qualms about Dan.

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To Sergeant Daniel Conway, his badge was more than just a shining piece of metal.

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It was a badge of honor.

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He cherished it and wore it well.

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The Lord is my shepherd, I shall not want.

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He maketh me to lie down in green pastures.

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He leadeth me beside the still waters.

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He restoreth my soul.

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He leadeth me in the paths of righteousness.

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The path of righteousness.

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Dan had found it.

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And I had been right about him all along.

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My faith in the boy hadn't been misplaced.

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The end of World War II had found Private First Class Dan Conway convalescing in a Normandy-based hospital.

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And as he lay there recovering from the tortures and undernourishment of a Nazi prison camp,

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he was thinking ahead, what he'd do when he got back home.

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And he knew he had a sympathetic confidant in the person of Miss Norton,

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a kindly and understanding Red Cross nurse.

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How's our policeman today?

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Doc says a month more, she'll get me out of here.

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Well, that should make you happy. Have you written your wife the good news?

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Well, I started a letter, but began to feel a little bit groggy.

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Well, let me finish it for you.

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Just tell me what to say.

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Well, first I want to thank Doris for those books she sent me,

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to help me pass my civil service exam.

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And after we thank Mrs. Conway for the books, anything more?

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Yeah.

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Tell her to be a sweetheart and go down to the police department and pick up an application for me,

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so I can fill it out first thing I get home.

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First thing, Dan?

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Well, almost.

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After I untangled myself from that great big hug and a kiss.

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Ha ha.

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Oh, I've been promising myself this for a long time.

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Me too.

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Say, honey?

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Yes, dear?

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Where's that application blank?

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Now, Dan.

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Well, I don't want to lose any time.

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You've got plenty of time.

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I just found out last week that there won't be another examination until June 1st.

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Six months?

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I'll be the first cop with a long gray beard.

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It'll tickle, but I'll still love you.

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Oh, Dan.

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Mr. Johnson phoned, wanted to know when you'd be out.

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You can have your old root back.

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Okay.

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But just until June the 1st.

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Say, is this your regular routine?

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Yes, sir.

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I just moved into apartment four.

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How about dropping off a couple of quarts every morning?

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Well, I'd be glad to, sir.

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Your name?

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Lieutenant Walsh.

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Army?

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Uh-huh.

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Police.

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Oh.

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Say, that's my racket.

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I mean, it's going to be.

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In June, I'm taking exams.

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Are they tough?

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They're not easy.

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I guess they have to be.

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Otherwise, any guy could be a cop.

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I mean, a policeman.

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You look like you might make it.

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Thanks.

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But, uh, I could use a few pointers, Lieutenant.

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Anytime, son, if I can help.

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You sure can.

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How about your weight?

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Seems to me you could use a few more pounds.

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I guess I could.

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But where I was boarding, the Nazis didn't exactly feed you meat and potatoes every day.

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You better work on that, or else when you go for your examinations,

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you won't get any further than the scales.

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Dan took the advice to heart.

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If he had to eat his way into the force,

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Doris was just the girl who could help him make the grade.

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And Lieutenant Walsh, who had taken a sincere liking to Dan,

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was making it his personal job to see that Dan was properly prepared

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for the civil service examination.

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It was a tough one, and Dan, sweating it out, nervous and tense,

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wasn't sure he could pass.

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When the good news came, it was cause for a celebration dinner.

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When I got that postcard notifying me I'd passed,

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I started to breathe all over again.

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80%. That's not too bad, huh?

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Don't you think Lieutenant Walsh deserves a little credit?

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Forget it. This is Dan's night to help.

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When you come back to Earth, Dan, you're going to find out that being a police officer

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means a lot more than just being a cop.

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I'm going to have to get back to work.

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When you come back to Earth, Dan, you're going to find out that being a police officer

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means a lot more than just carrying a billy club.

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A lot of responsibility goes with the job.

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Maybe you ought to stick to your milk route, dear.

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Not me. Tomorrow morning I'm giving the firm my notice.

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There's time enough for that, Dan. You're not a policeman yet.

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But I'm over the biggest hurdle. The rest should be a breeze.

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There's still the oral exam, get a line on your character and temperament,

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the psychiatric test. That's to find out if I'm all there.

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Sometimes I wonder.

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Hey, one more crack like that from you, Liddy, I'll have to lock you up.

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Dan, you've got some rugged weeks ahead of you.

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Granted you get by the exam.

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You've still got 90 days of the toughest grind you've ever been through

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before you even start your probationary period.

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Oh, you haven't any cranberries, Lieutenant.

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Oh, thank you.

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Lieutenant Walsh was right, as Dan found out.

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There were track workouts until Dan wondered how much longer he could stand on his feet.

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Hours of grueling exercises in conditioning.

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Day after day at the rifle range to become expert in the use of firearms.

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And at last, a final dress parade in which Dan marched with a sense of real accomplishment.

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An important day to him. He had earned the right to wear the coveted uniform.

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You've worked hard for that badge, Conway. Now wear it with honor.

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Yes, sir.

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As division commander, I'll be keeping tab on you.

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I'm a pretty tough officer.

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I've handled enough rookies to know all the answers.

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So watch yourself if you want me to turn in a good report.

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Yes, sir.

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You're being assigned to traffic, and your future on the force depends entirely on yourself.

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As you know, probation is six months.

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In that time, you'll rise or fall on your record.

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Just don't try to be too much of an eager beaver,

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like one of my rookies who gave out 35 tickets in one day.

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Badge-happy rookies don't last long.

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I understand, sir.

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On the other hand, there's no room for good Joes on the force either.

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There's a happy medium between overzealousness and goal-breaking.

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And I hope you have common sense enough to recognize it.

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Good luck.

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Out at work, huh?

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Today's report.

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How you making out?

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Two tickets. That's my whole day's work.

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I never saw so many well-behaved citizens.

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Don't try to force it, kid.

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You'll get your chance.

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Oh, goodness.

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You! Stop! Stop that man!

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What's wrong, lady?

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That man stole my wallet!

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Okay.

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All right. Come on, bud.

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Let's have that wallet.

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What wallet?

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Come on. Give.

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Look, all I'm doing is minding my own business,

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and you come along and give me nothing.

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Knock it off. Up against the wall.

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Go on.

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You ain't gonna find nothing.

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Told you I ain't got no wallet.

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Is this what you're looking for, officer?

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Yeah, where'd you find it, son?

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The guy tried to ditch it while you was chasing him.

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Okay, fella.

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Looks like we got a little date downtown.

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Well!

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Oh, I'm so glad you caught him, officer.

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This your wallet?

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Yes, officer.

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What's your name, ma'am?

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Mrs. Mabel Wilson.

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You'll find it in the car right inside.

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What's your address, Mrs. Wilson?

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964 Archer Place.

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May I have my wallet now, please?

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Thank you, officer.

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I wanted you to look over my report

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before Captain Gunnarson sees it.

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This is the first big fish I've caught.

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I want to make sure everything's right.

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The kid who saw him ditch the wallet.

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You should have included his name.

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Yes, I know.

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I didn't get it.

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This boy's your key witness, Dan.

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You know you've got to get the names of everybody.

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I guess there's no excuse.

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I goofed it.

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Everything happened so fast.

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Before I knew it, the kid was away with his bike.

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Too bad Captain Gunnarson doesn't miss a point.

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He should have called you on this.

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But look, lieutenant, I've only got two hands.

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I had to make sure the suspect didn't get away.

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And then there was this lady asking for her wallet.

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Look, Dan.

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I'm talking to you as a friend.

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There's no sense kidding you.

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Gunnarson's going to hop all over you.

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But the guy is guilty.

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I know he snatched it.

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It's up to a jury to decide whether he's guilty or not.

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You're just the arresting officer making a report.

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This report can wash me up, can't it?

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Well, you've got a couple of months.

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I thought you said you wouldn't kid me.

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Well, it's too bad you didn't find the wallet on the guy.

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Is something worrying you, dear?

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No.

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No, why?

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You look as if you had the whole weight of the world on your shoulders.

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Just tired, I guess.

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And this was the night you were going to help me reline that kitchen cabinet.

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Some other time, hmm?

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Welcher.

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That's probably lieutenant Walsh, and I'll bet you're not too tired for a gin game.

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Hi, Doris.

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I thought I'd just drop over and give Dan a chance to get some of his money back.

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Good.

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Maybe you can pull him out of the doldrums.

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Still thinking about that report, kid?

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I'm afraid it won't help.

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What report, Dan?

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Oh, it was just a pinch I made yesterday.

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I guess I forgot to tell you about it.

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Now, don't tell me you actually made a real arrest and kept it a secret.

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Just a petty theft.

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Nothing world-shattering.

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But, Dan, I should think you'd be terribly excited.

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It'll help your record, and isn't that what you wanted?

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Who can that be?

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I'd like to speak to Officer Conway.

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Oh, I'm Officer Conway.

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I'm Bart Matthews, Public Defender's Office.

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This is Mrs. Conway.

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Mrs. Conway?

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And, uh, Lieutenant Walsh.

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Lieutenant, I've seen you around headquarters.

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Oh, if this is police business of some sort, I think I should leave you men alone.

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I'll only be a few minutes, Mrs. Conway.

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It's about this fellow Brown, man you arrested yesterday.

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Our office is defending him, and we'd be remiss in our duties if we didn't run down every lead.

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Certainly, sir.

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Won't you sit down?

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Thanks.

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You know, I have to check with you, Conway.

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It's part of my job.

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It seems that there's some question about your report.

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You mean there's something in my report that wasn't clear?

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Just the point I'd like to clean up.

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Now, you say you found the wallet on Brown when you frisked him.

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Brown says that isn't so.

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You got the wallet from a boy who passed by on a bicycle.

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Was there a boy, or did Brown make this story up out of whole cloth?

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It's all in my report, Mr. Matthews.

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Just as it happened.

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There wasn't any kid.

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And that's the way you'll testify at the hearing?

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Yes, sir.

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Well, you can't blame a guy for trying.

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That's right, you can't blame a guy for trying.

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That not only applies to petty thieves, right, Dan?

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Well, I'm sorry I had to bother you, Conway.

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I guess the best advice I could give to Brown is that he enter a plea of guilty and pray he gets a lenient judge.

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You know, it's funny, the sort of lies a guy will latch onto to save his skin.

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Yeah, it is.

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Well, that's that.

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Thanks for your time, Conway.

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Thanks.

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I know what you're thinking, Lieutenant, why don't you say it.

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I think I'm a heel.

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I don't deserve this badge.

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But I had a responsibility.

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Here was a guy that had stolen a wallet.

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And he might get off scot-free because of a little mistake of mine.

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It wasn't because you weren't thinking of yourself?

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Well, maybe that had something to do with it.

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But you told me yourself I was on a spot.

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What else was I going to do?

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Have Gunnarsson lay it on?

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Maybe can me?

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Do you want me to throw away a whole future all because of a little technicality?

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I wouldn't want your future now, son.

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Not while you've got to live with that little technicality and your conscience.

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Where's everybody?

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Oh, I told Walsh I didn't feel like a game tonight.

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He left with Matthews.

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What did Mr. Matthews want?

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Nothing important.

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Just about that arrest I made yesterday.

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His office is defending the fellow.

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They always question the arresting officer.

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Just routine stuff.

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You look beat, Dan.

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I just got a little headache, that's all.

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Sure?

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Yeah, sure.

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Then why not turn in?

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Make it an early night.

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What is it, dear?

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What's wrong?

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I'm...

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I'm not sure you'll understand, Doris.

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Haven't I always?

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Do you think you'd understand if I told you that...

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that I'm a fraud?

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That I don't deserve a badge?

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I don't believe it, Dan.

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You don't know what you're saying.

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Look, Doris.

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I've always given it to you straight, but...

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but this is going to be hard to take.

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When I made that arrest yesterday...

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I...

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I falsified a report.

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I falsified it deliberately.

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But why, dear?

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What's the difference why I did it?

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I was so hot on becoming a cop I...

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threw away the book of rules and made my own.

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Maybe I tried to kid myself it didn't matter...

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because the guy was guilty anyway.

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But the real reason was...

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I was scared stiff of Gunnarsson.

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Anyway, it's done.

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Oh, Dan.

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I wish I could tell you what to do.

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I know what to do, honey.

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Tomorrow morning I'm going to see the public defender.

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I'm going to change my story.

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What you've just told me, Conway, could finish your career.

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I realize that, sir.

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When do you plan to see Captain Gunderson?

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Right after I leave here, Mr. Matthews.

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Now, wait a minute. Let's think about this.

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Now, that doesn't mean I'm condoning this false report.

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Oh, I know that, sir.

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Since advice here is free and I give it out all day long...

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you mind if I give you some?

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I certainly could use it, Mr. Matthews.

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Well, I'd suggest you don't do anything.

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Just go about your work.

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Brown's preliminary hearing doesn't come up for a couple of days...

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so let me think it over, huh?

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Dan had told me of his friendship with Lieutenant Walsh.

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Fortunately, I ran across Walsh at the police academy...

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while I was waiting for Captain Gunderson to join me for lunch.

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What first attracted me to Dan was his sincere desire to become a good officer.

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I couldn't believe he'd foul up a report.

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When I found out about it, it threw me.

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But after what you told me, how Dan came to you...

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I guess I wasn't wrong about the kid.

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Then there are two of us who think that Dan is worth going to bat for.

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Captain Gunderson, Bart.

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Maybe it's best if I speak to him alone.

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Much.

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Well, John, right on time.

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If it's a free lunch, I'm always prompt.

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What's on your mind, Bart?

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Do I have to have something on my mind to ask you to lunch?

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To give you a short answer, yes.

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Well, all right.

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It's a hypothetical case.

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I'm curious to know how you'd handle it if it were up to you.

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Let's have it.

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Well, suppose that one of your probationers, in his anxiety to make good in your eyes...

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overstepped himself.

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How?

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I'll get to that, but let's say that...

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getting on the force as a regular is almost an obsession with this fellow.

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Now, he's worried that he hasn't made much of a record so far.

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Then he makes a pinch.

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What kind of a pinch?

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Well, maybe he catches a man who snatches a purse.

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A witness sees the man drop the purse, identifies the suspect...

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turns the purse over to the officer, who gets a little flustered.

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Now, remember, it's his first arrest.

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He forgets to take the witness's name.

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I'd put him on the carpet.

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Oh, but there's more, John.

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He's sure the man is the thief.

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But he knows what to expect if he admits the error in his report.

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So he falsifies it.

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Says that he found the purse on the man when he frisked him.

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And you want to know what kind of action I'd take?

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I'd kick your hypothetical officer right off the force.

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Come on, let's eat.

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Hi, Bart.

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Hello, John.

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I asked you to come over today because I've got a hypothetical case for you.

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Oh, yeah?

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Sit down.

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In my spot, you get a memo from the D.A.

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that a case has been dropped in which one of your probationers have made the arrest.

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Let's say a pickpocket suspect is being sent back to Omaha for jumping parole.

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You follow me?

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Sure.

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So you give a final check to the officer's report.

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Your probationer's first pinch.

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Now, certain facts ring a bell.

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Makes you think of a luncheon conversation you had.

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In other words, putting two and two together, you're sure the report was falsified.

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What would you do?

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Well, I'm sure I'd look into the circumstances first.

20:58.480 --> 21:01.480
Let's stop shadowboxing, Bart.

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We're both talking about Dan Conway.

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Evidently, he falsified his report.

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And if so, he ought to be washed out.

21:07.480 --> 21:10.480
I suppose so, John, if you just want to go by the rules.

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But if you knew the facts...

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The facts are he's been derelict in his duties.

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Why are you so interested in him anyway?

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If Dan has made a mistake, no one knows it better than he does.

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Oh, I agree with you.

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If a wrong has been committed, it should be punished.

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But he's had his punishment.

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A punishment much bigger than you could ever mete out.

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A tortured conscience.

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So tortured that he came to see me on his own.

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And he would have gone to see you if I hadn't stopped him.

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Voluntarily, he admitted to me that he falsified his report.

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Even though he knew that no one would ever discover his lie...

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If he chose to live with it.

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Now, it took a brave man to do that, John. A big man.

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It showed character and respect for the uniform.

21:55.480 --> 21:57.480
Keep him on the force, and I'll underwrite him.

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We need men like that.

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All right, Bart. I'm sold.

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Thanks, John. You won't regret it.

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Now, get out of here, will you...

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Before you talk me into promoting the guy to a sergeant.

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But seriously, Bart, we can't overlook this thing entirely.

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Suppose I recommend 30 days suspension.

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Don't you think five days would serve the same purpose?

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Now I know why you're such a good public defender.

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Thanks, John.

22:29.480 --> 22:33.480
When Dan finally became a member of the force, there was a celebration.

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You cut the cake, Dan.

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You know, this is one day I'll never forget.

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And I've got you to thank for it, Mr. Matthews.

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I suppose some people might think, why all the celebration?

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Just another cop.

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But you're a very special one to me, Dan.

22:49.480 --> 22:53.480
And Dan Conway became a very special one to all of us...

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With a very special place in our hearts.

22:57.480 --> 23:03.480
As we laid him to rest, we all remembered how he had worn his badge with honor for seven years.

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Then two days ago, as he was driving home, he noticed a car wildly careening down the highway.

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In a matter of seconds, it would collide head-on with a school bus.

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Deliberately side-swiping it on his motorcycle,

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Dan Conway saved the lives of a dozen schoolchildren...

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And gave his own.

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Ready. Aim. Fire.

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Now.

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It's good to remember this story of Dan Conway.

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For too often we take for granted the courageous deeds of our police.

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The case you have just seen was brought to a fair and just conclusion through the efforts of a public defending.

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♪♪♪

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♪♪♪

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♪♪♪

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♪♪♪